University:
University College London
Course:
LAWS0014 | European Union Law
Academic year:

2024
Views:

380

Pages:

2
Author:

Namira A.

UK and WIPO Design Reform Date: December 13, 2023 Presented by: Jeff Lloyd, Deputy Director, Trade Marks and Designs Policy, IPO Designs Review - Context and State of Play Context: 1. High ambition review 2. Recognizes that the designs system has not been reviewed in a comprehensive way in some time 3. Stakeholder engagement key - we are keen to deliver an improved experience for users of the designs system State of Play: 1. Call for views last year ran from January to March 2. Government response in July 2022 set out main themes for further exploration 3. REUL required a reprioritization and slowing down of the work 4. Policy development work resumed in the summer 5. We aim to conclude that early in 2024 and then consult in mid-2024 6. The review remains wide-ranging Designs Review - Key Issues Key Issues: 1. Addressing complexity - multiple overlapping rights and overlap with copyright - can it be simplified without losing key elements of protection? 2. Criminal sanctions for unregistered design infringement - differing views across stakeholders a. Need for further evidence 3. Post-Brexit issues - disclosure of unregistered designs, simultaneous disclosure 4. Future proofing the system in an increasingly digital world 5. Can we increase the value of registered rights e.g. through search and examination? 6. Enforcement issues: a. Changes to IPEC mentioned in our counter-infringement strategy b. Small designers think enforcement is expensive c. Criminal sanctions (already covered) d. Designs opinions Proposed Design Law Treaty - Context  Originally proposed over a decade ago at WIPO  Formalities treaty to establish minimum global standards  Negotiations stalled for several years  WIPO General Assemblies in 2022 agreed to convene a Diplomatic Conference in 2024 to ideally (finally) agree a treaty Proposed Design Law Treaty - State of Play - Preparatory meetings in WIPO in October established processes for Diplomatic Conference - Venue and dates agreed - 11-22 November 2024 in Riyadh, Saudi Arabia - Preparatory meetings also added new proposals to the text so a lot to agree (and to analyses) - No further formal negotiations currently scheduled between but we will work with other countries to try and establish common ground - UK keen to agree a treaty in the interests of further harmonizing global systems but not at any price - Welcome input from stakeholders on current text